LION CATALOGUE-digital - Flipbook - Page 529
2.4
Lion Safety may amend these terms and conditions
from time to time at its sole discretion.
3
PRICE AND PAYMENT
3.1
The price of the Products shall be as set out in the Price
Proposal. Lion Safety reserves the right to increase the
prices of the Products at its sole discretion.
3.2
The price and other sums payable shall be exclusive of
any applicable VAT or other taxes and duties, which
shall be payable in addition.
3.3
Unless otherwise stated in a Price Proposal, delivery
charges shall be levied in addition to the price.
3.4
If Lion Safety has agreed a fixed pricing arrangement
with Customer, such Fixed Fee shall only apply for the
duration set out in the Order Form (“Fixed Fee Period”).
On expiry of the Fixed Fee Period Lion Safety may, at
its sole discretion, either (i) extend the Fixed Fee for a
further Fixed Fee Period, or (ii) move the Customer to
Lion Safety’s standard pricing for its Products as it sees
fit.
3.5
3.6
Lion Safety may review the Credit Period assigned to
the Customer from time to time at its sole discretion.
Lion Safety shall be entitled to revise the same as it
may in its absolute discretion decide (including
removal altogether forthwith). If the Credit Period
assigned to the Customer is removed at any such
review Lion Safety shall notify the Customer in writing
accordingly and such removal shall apply: (a) with
effect from deemed receipt of such notice in
accordance with clause 15.6 and (b) to any and all
unpaid invoices issued to the Customer by Lion Safety
which are as at the date of deemed receipt of such
notice (provided that interest for late payment may
only be charged with effect from the date of deemed
receipt of Lion Safety’s notice to the Customer that the
Credit Period is removed), as well as to any invoices
issued by Lion Safety to the Customer from and
including the date of deemed receipt of such notice.
DELIVERY OF PRODUCTS
4.1
Delivery of the Products shall take place when they are
received by or on behalf of the Customer at the
Customer’s nominated delivery address (as agreed
between the parties in writing) (“Delivery”).
4.2
Times for delivery or performance by Lion Safety are
estimates only and time shall not be of the essence.
4.3
Delivery may take place by way of instalments in such
quantities as Lion Safety may reasonably decide.
Instalments shall be separate obligations and no
breach in respect of one or more of them shall entitle
the Customer to cancel any subsequent instalment or
repudiate the Contract as a whole.
4.4
Notwithstanding any other provision of the Contract,
in the event of non-availability of any Products
ordered, Lion Safety may deliver a reasonable
substitute. Substitution may affect the price payable
by the Customer. Lion Safety shall notify the Customer
of any substitution and any resultant change in the
price payable by the Customer.
4.5
Lion Safety shall be deemed to have accepted
Products 2 Business Days after Delivery. After
acceptance the Customer shall not be entitled to reject
Products which are not in accordance with the
Contract.
5
RISK AND PROPERTY
5.1
Risk of loss or damage to the Products shall pass to the
Customer at the time of Delivery of the Products.
5.2
Title to the Products, regardless of Delivery, shall not
pass to the Customer until the Customer has paid Lion
Safety in full for those Products and VAT thereon, and
all other sums due from the Customer to Lion Safety at
that time. Lion Safety may attribute money received
from the Customer as being payment for any Products
as Lion Safety thinks fit, regardless of the
circumstances.
5.3
Until such time as the title in the Products has passed
to the Customer under Clause 5.2, the Customer shall:
Notwithstanding clauses 3.5 and 3.6 or any other
arrangements for provision of credit which Lion Safety
may have agreed with the Customer in respect of the
Contract, the whole price of all Products bought or
agreed to be bought by the Customer shall be
immediately payable on demand upon the occurrence
of an Insolvency Event.
3.9
In the event that any sums owed to a Lion Safety under
a Contract remains outstanding after the due date for
payment, Lion Safety shall be entitled to charge
interest on the overdue amount from the due date to
until payment of the overdue sum at the statutory rate
and otherwise in accordance with the Late Payment of
Commercial Debts (Interest) Act 1998 (as amended).
5.4
5.3.2
not remove, deface or obscure any identifying
mark or packaging on or relating to the
Products;
5.3.3
maintain the Products in a satisfactory
condition, and keep them insured against all
risks for their full price from the date of
Delivery;
5.3.4
not pledge or allow any encumbrance, lien,
charge or other interest to arise or be created
over the Products; and
5.3.5
not dispose of or deal with the Products or any
documents of title relating to it or any interest
in it, except that the Customer may, subject to
clause 5.3.3, on its own account use the
Products in the ordinary course of its business
operations, provided that the Customer’s right
to use the Products shall automatically cease if
the Customer is subject to an Insolvency Event.
If any of the following occur:
5.4.1
payment of an invoice becomes overdue by the
Customer;
5.4.2
the Customer is in breach of any of its
obligations under a Contract or any other
agreement between Lion Safety and the
Customer;
01324 474 744
3.8
store and mark it in such a way that it is readily
identifiable as Lion Safety’s property, and shall
not mix it with any other goods or equipment;
SALES@LIONSAFETY.CO.UK
For the avoidance of doubt, time of payment of any
invoices issued by Lion Safety to the Customer shall be
of the essence. A failure by the Customer to pay any
invoice issued by Lion Safety by the date on which
payment is due may constitute a material breach of
this Contract, and Lion Safety shall be entitled to
terminated the Contract in accordance with clause
10.1.
5.3.1
LIONSAFETY.CO.UK
3.7
Payment shall be due without any set off, withholding,
deduction, abatement or counter-claim no later than
30 days from the end of the month stated on the
invoice (the “Credit Period”).
4
USEFUL INFORMATION GENERAL TERMS AND CONDITIONS OF SALE
terms and conditions and any other terms and
conditions which the parties have agreed in writing are
applicable, these terms and conditions shall prevail
unless otherwise agreed by the parties in writing.
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